State Budget Showdown

By Danny Restivo and Brett Goldman (posted 7/10/17)

As the fiscal year ends on June 30th, nearly all 50 state governments across the United States (with the exception of Vermont) are required to maintain a balanced budged whether by statue/law, constitutional amendment, or judicial decision. From state to state, the requirements vary from the simple introduction of a budget, to a balanced budget, to budgets that are based off of the available cash on hand by the state.

There are three general kinds of state balanced budget requirements, according to the National Conference of State Legislatures:

  • The governor’s proposed budget must be balanced (43 states and Puerto Rico).
  • The legislature must pass a balanced budget (39 states and Puerto Rico).
  • The budget must be balanced at the end of a fiscal year or biennium, so that no deficit can be carried forward (37 states and Puerto Rico).

Unfortunately, 2017 has seen a situation where 11 states did not pass their budgets by the June 30th deadline. In some states, such as New Jersey or Rhode Island, political differences between legislators created a budget impasse; whereas in other states, such as Illinois, budgets have not been passed in nearly three years. We have compiled a breakdown of states that saw budget impasses in 2017. Please note that some of these are still undergoing budget negotiations and as such the situation may evolve.

New Jersey- (Status: Resolved)

On Monday, July 3rd, Governor Chris Christie signed a $34.7 billion budget ending a three-day government shutdown that sparked a backlash against the governor.

While the publicity focused on Christie’s Sunday trip to the beach, the shutdown stemmed from a plan to restrict the state’s largest health insurance provider, Horizon Blue Cross Blue Shield of New Jersey. Christie had approved of the Democratic-controlled Assembly and Senate’s other appropriations, including $325 million in additional funding from Christie’s proposed budget from February, which include $150 million in additional school funding. However, he wanted lawmakers to sign off on a bill capping Horizon’s reserves, while using the excess funding to pay for drug treatment and other care for the poor and uninsured. In the insurance industry, reserves are often called risked-based capital, which helps hedge against unexpected healthcare payouts.

Essentially, Christie wanted to cap Horizon’s reserves, and giving an estimated $300 million for the expansion of drug treatment programs. He also wanted to give the assembly the control to appoint two members to Horizon’s 15-member board. Assembly Speaker Vincent Prieto (D-Hudson) pushed back against Christie’s plan, calling it “extortion” as Horizon initially had nothing to do with the state’s budget.  As a result, Christie pledged to line-item veto democratic-backed spending if lawmakers didn’t pass the Horizon cap. Meanwhile, Senate President Stephen Sweeney (D. Gloucester) posted S4 (the “Horizon Bill”) to the Senate’s June 29th schedule, where it was passed. Speaker Prieto, however, refused to post S4 to the Assembly schedule and instead posted the budget (A5000) for a vote. The vote on A5000 became deadlocked, and Speaker Prieto refused to remove the bill resulting in the state-government shutting down.

Legislators worked through the holiday weekend to come to a resolution on the Horizon Bill and budget impasse. On Monday, July 3rd, Speaker Prieto, Senate President Sweeney, and Governor Christie emerged with a resolution and the state government reopened for business as usual.

The following is an excerpt that was sent to our NJ clients regarding the resolution of the shutdown:

“Part of this Budget compromise is contingent on a new Horizon bill— (S2) —that will address issues that were raised with S4. Horizon Blue Cross Blue Shield of NJ executives spent the weekend meeting with Speaker Prieto, Senate President Sweeney, and other legislators. Following tonight [July 3rd)’s budget vote on A5000, the Assembly then voted on S2, which resolved many of the issues with S4 including:

  • ​Establishing an appropriate range of reserves for Horizon, requiring a minimum of 550% of risk-based capital reserves and a hard cap maximum of 725%, sufficient to cover claims for all of its policy holders in the event of a catastrophic medical emergency such as hurricane Sandy, when regular premium payments from policy holders were delayed;
  • Requiring the state department of Banking and Insurance (DOBI) to commission independent annual audits to determine Horizon’s reserve level, which would be paid for by Horizon;
  • Creating a process for Horizon to submit a plan to DOBI to determine how excess reserves above the 725% level should be used to reduce future policy holder premiums or otherwise benefit policyholders.
  • Requiring the appointment of two additional public members with a background in healthcare, finance, or insurance to the horizon board—one each by the senate president and speaker—bringing the total board membership to 17, including 11 members currently appointed by Horizon and four by the Governor;
  • Requiring DOBI to establish requirements for health services corporations to provide detailed financial reporting information, including executive compensation, and to post this information on the department website.
  • Removing “insurer of last resort” language.”

 Pennsylvania- (Status: In Progress)

On June 30th, the Pennsylvania State Legislature approved a $31.99 billion budget for the 2017-2018 year. While the budget received bipartisan support, lawmakers have yet to agree on a funding package and remain in negations at the time of publication.

The bill awaits Governor Tom Wolf’s (D.) signature until lawmakers can solve a $2 billion deficit. If the Governor does not veto the bill, it will automatically become law without his signature. In 2016, Wolf vetoed the legislature’s budget, but the government kept spending money. As a result, schools, counties, and nonprofits began taking out loans to stay afloat, and not until local governments threatened to withhold taxes and schools said they would remain closed after the holiday break did lawmakers finally approve a budget.

This year, lawmakers have debated several options for funding the deficit, including borrowing up to $1.5 billion against future revenues from a 1998 multistate settlement with tobacco companies. While Wolf and Senate Republicans have supported the idea, House Republicans have opposed it adamantly. House Republicans have suggested leveraging 40,000 video gaming terminals at bars, taverns and other establishments for more tax revenue. Senate Republicans have pushed back, saying it will cut into casinos which already contribute a large sum to government coffers. Some Democrats have lobbied for a tax on Marcellus shale drilling, but the Republican majority has strongly refused to bring tax increases to a floor vote. Other options include expanding privatized liquor operations while reassessing the sales tax on purchases of alcoholic drinks. Senate President Joe Scarnati, (R. Jefferson) has said he’s working on legislation to expand casino gambling in the state, but few details have emerged.

The 2017-2018 proposed budget is roughly 1.6 percent higher than the $31.5 billion budget in 2016-2017. Unfortunately, the budget faced a $1.1 billion shortfall in 2016 due to an underestimation of human services and corrections needs. The budget became law without Wolf’s signature when lawmakers delivered a $1.3 billion package in additional funding centered on cigarette tax increases.

As of publication, the House and Senate were in session over the weekend to move various pieces of legislation needed to complete the budget process.  Both the House and Senate returned on Monday, July 10th at 11:00 a.m. for another long day of negations.

Other states with Budget Impasses

Connecticut (Status: Unresolved)

Democratic Governor Daniel Malloy took executive control of the state’s finances on June 30 after lawmakers failed to agree on a budget. Despite having one of the highest per capita incomes in the country, the nutmeg state could run a $2.3 billion deficit in 2017-2018, roughly 12 percent of the state’s budget. Lawmakers haven’t submitted a budget to Malloy who has requested a three-month provisional budget that includes cuts and modest tax hikes. Democrats have a 79-72 edge over Republicans in the House.

As Connecticut moves into day 10 of its budget crisis, state parks, beaches, campgrounds, and museums are beginning to feel the pinch.  Statements from Governor Malloy’s office indicate that a resolution may be found by the July 18th session of the legislature, but a path forward remains to be seen.

Delaware (Status: Resolved)

Budget gridlock had lasted for months over issues including a Democratic push to raise

the personal income tax and disagreement over changes to the prevailing wage for state construction projects. As a result, the Delaware legislature missed its June 30th budget deadline for the first time in decades. Spending the weekend hunkered down in the state house, legislators reached a deal that included a new spending plan on July 2nd. The budget restores cut funding to nonprofits, public health programs and schools, and raises taxes on real estate transfers, tobacco and alcohol. Gov. John Carney (D) signed the budget early on Monday July 3rd.

Illinois (Status: Resolved)

 The Democratic-controlled House overrode Republican Governor Bruce Rauner’s veto and implemented a $36 billion budget for 2018, which includes $5 billion in tax increases. The Democratic-controlled Senate sent the bill to Rauner on Tuesday. The Governor vetoed the bill before the Senate quickly overruled him. The bill then moved to the House where Democrats overrode the Rauner’s veto. With a $6.2 billion annual deficit and $14.7 billion in overdue bills, credit-rating houses have threatened to downgrade Illinois’s credit rating to junk. Meanwhile, the United Way has predicted the demise of 36 percent of Human services agencies within the state.

Massachusetts (Status: Resolved)

Slumping tax revenue has left the bay state with a $430 million hole. By July 6th, lawmakers said they had agreed upon a $40 billion budget but had not held a vote. The state approved an interim $5.2 million budget last month. Marijuana legalization remains a point of conflict among lawmakers. The Senate has proposed a 12-percent tax (which voters approved in November) while the state house has proposed increasing it to 28 percent.

On July 7th, both houses of the Massachusetts legislature approved the budget. The compromise trims spending by about $400 million to $500 million from spending plans previously approved by the House and Senate. It also takes other steps to account for a $733 million reduction in anticipated tax revenues for the 2018 fiscal year that began July 1,

Oregon (Status: Resolved)

State lawmakers have passed multiple bills to keep the government operating, however, a couple items remain unfunded. Lawmakers have debated ways to best solve a $1.8 billion budget gap, which threatens hundreds of thousands of people on Medicaid and child welfare services. Governor Kate Brown (D) has pledged to rein in spending by instituting a hiring freeze for state employees, as well as taxing hospitals and insurance plans. One proposal introduced by lawmakers would cut $424 million over the next two years by halting automatic inflation increases in the budget while eliminating unfilled government jobs; however, legislators failed to find votes to reform Oregon’s tax system and public pension costs, leaving the toughest decisions to future sessions.

Rhode Island (Status: Unresolved)

The Rhode Island assembly ended abruptly on June 30th with the state’s $9.2 billion budget in limbo.

Senate President Dominick Ruggerio (D) and House Speaker Nichoas Mattiello (D) aren’t on speaking terms and Gov. Gina Raimondo (D) says she has been in touch with both but isn’t getting into the middle of the rupture or offering to mediate it. While there be no state “government shutdown” due to a 2004 provision whereby the state operates on the previous year’s budget, tensions remain high. Most state beaches, parks and government agencies—including law enforcement—will remain open until a resolution is reached. According to a memo, state budget officials will meet with individual department leaders to help balance their books and find an additional $25 million in unspecified cuts called for in the proposed budget. However, hiring and staffing of agencies will not be impacted, assuming a budget is passed in the coming months.

Wisconsin (Status: Unresolved)

 After missing a June 30 deadline to pass a budget, Wisconsin lawmakers remain committed to approving a smaller budget. Republican lawmakers control the legislative and executive branch. They have asked for a smaller budget that increases support for rural school districts without raising taxes. Lawmakers have also struggled to reach a deal on how to plug a $1 billion transportation hole. Earlier this year, Governor Scott Walker (R) asked lawmakers for $500 million for road construction over the next two years. He later dropped that request to $300 million. In an effort to assuage lawmakers leery of transportation costs, Governor Scott walker released a proposal on July 6, which tapped federal spending to subsidize construction costs. Walker believes federal aid will allow the state to borrow an additional $300 million for the projects.

 

Danny Restivo and Brett Goldman Contributed to This Report

DMGS Harrisburg Executive Director Named in Pennsylvania Power 100 List

Patty Mackavage, Harrisburg executive director with Duane Morris Government Strategies, was recently recognized by City & State PA as one of the 100 mostIMG_1230 politically influential Pennsylvanians in 2017. City & State PA, a media outlet covering Keystone Politics at the state and local level, credited Patty’s legislative work with three different governors, her diverse clientele and her knowledge of various issues impacting Pennsylvanians. Ranked at No. 60, Patty’s experience includes secretary and deputy secretary for legislative affairs in the administrations of both Governor Mark Schweiker and Governor Ed Rendell, as well as serving as legislative director for the Pennsylvania Department of Revenue during Governor Tom Ridge’s administration. With an expertise in the state budget process, and public finance/economic development, Patty now represents clients’ issues before the state legislature and local governments throughout Pennsylvania.

The 2017 City & State PA Power 100 list includes state and local officials, as well lobbyists, CEO’s, philanthropists, labor leaders and a number of other influential leaders in Pennsylvania. For a complete list of City & State PA’s Power 100, please visit City & State PA.

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Patty Mackavage with Ron Boston (L) and Stacy Gromlich (R) from the DMGS Harrisburg Team

 

Legislative Overview and Regulatory Matters of Driverless Vehicle Technology

By Danny Restivo, DMGS

Edited by Brett Goldman, DMGS Manager of Special Projects

The popular ride-sharing service Uber introduced a fleet of driverless vehicles to Pittsburgh in September 2016. Days after the launch, President Barack Obama wrote an op-ed in the Pittsburgh Post-Gazette and praised Uber for its innovation and effort to improve safety. “…Too many people die on our roads – 35,200 last year alone – with 94 percent of those the result of human error or choice. Automated vehicles have the potential to save tens of thousands of lives each year.”

Uber’s program comes eight months after the United States Department of Transportation announced a multi-billion dollar investment into the technology. In January 2016 Secretary of Transportation Anthony Foxx unveiled a $4 billion, 10-year plan to accelerate driverless technology. “We are on the cusp of a new era in automotive technology with enormous potential to save lives, reduce greenhouse gas emissions, and transform mobility for the American people,” Foxx said in a statement announcing the plan.

In light of the federal government’s investment, Google, Ford, BMW, Tesla, Volvo and General Motors have all begun developing similar driverless programs. As the technology edges closer to highways, the federal government has paved the way for autonomous vehicles to hit the road. On September 20, the National Highway Transportation Safety Administration released proposed guidelines and benchmarks for driverless vehicles. The announcement received applause from the Self-Driving Coalition for Safer Streets, which represents Ford, Uber, Lyft, Volvo and Google. The coalition’s leadership also acknowledged the need for other regulatory entities to follow their lead.

“State and local governments also have complementary responsibilities and should work with the federal government to achieve and maintain our status as world leaders in innovation,” David Strickland, coalition spokesperson and general counsel, said in a statement following the NHTSA’s announcement. “With the guidance now publicly available, we encourage state policymakers to engage with our coalition to develop the appropriate policy solutions, and we stand ready to provide support and expertise for both technological and policy questions.”

The Obama administration’s guidelines provide 15 benchmarks companies must meet before their driverless vehicles can hit the road. Those benchmarks include operational functions and safety procedures. However, the NHTSA has given automakers and tech companies flexibility to meet those benchmarks, as long as detailed explanations are given. While the federal government’s proposal provides a framework, several states have already approved or introduced laws regulating autonomous vehicles. Legislative bodies in Nevada, Michigan, Tennessee, California, Louisiana, North Dakota, Utah, Florida and Washington, D.C., have all approved laws related to driverless vehicles. Meanwhile, Arizona’s governor wrote an executive order in August 2015 that supported efforts to test driverless cars on public roads. In June of that year, Virginia’s governor announced a partnership among the Virginia Department of Motor Vehicles, the Virginia Department of Transportation and the Virginia Tech Transportation Institute to research and develop driverless technology.

Several other states have debated legislation, but their laws often conflict with the nature of driverless technology. For example, many states call for a licensed driver behind the wheel before a vehicle can operate. Moreover, laws related to seatbelts, unattended vehicles, hands on steering wheels and licensing requirements raise questions about legislating the technology. Whether state legislatures approve the federal government’s proposed guidelines remains to be seen.

Eric Martins, Managing Director of DMGS thinks that “if states do not adopt uniform legislation, a patchwork of laws could make autonomous driving through state lines a major challenge for driverless vehicles. This, of course, would be a terrible setback for both consumers, industry, and regulators. Crafting smart legislation and regulations will be key to making this technology thrive.”

Enacted Autonomous Vehicle Legislation

California (CA SB 1298)—Establishes safety and performance standards to be overseen by California Department of Motor Vehicles and the Highway Patrol. Also allows autonomous vehicles to be tested on public roads (2012).

Florida (HB 1207)—Defines autonomous drivers and driverless technology. Also allows a licensed driver to operate an autonomous vehicle with insurance (2012). HB 7027–Eliminates the requirement that a driver be present in the vehicle. Requires autonomous vehicles meet applicable federal safety standards and regulations (2016). HB 7061–Defines autonomous technology and driver-assistive truck platooning technology. Requires a study on the use and safe operation of driver-assistive truck platooning technology and allows for a pilot project upon conclusion of the study.

Louisiana (HB 1143)—Defines autonomous technology (2016)

Michigan (MI S 169 and 663)—Defines automated vehicle technology and modes, and limits the liability an automated driver manufacturer faces in a lawsuit (2013). (SB 995-998)–Allows people to purchase autonomous vehicles upon availability. It also permits autonomous cars without steering wheels and pedals, and it doesn’t require a human operator (2016).

Nevada (NV AB 511) Permits the operation of autonomous vehicles for licensed drivers, and directs the Nevada Department of Motor Vehicles (DMV) to adopt rules for license endorsement and for operation, including insurance, safety standards and testing in relation to driverless vehicles (2011). (NV SB 140) Permits the use of wireless handheld devices in a legally operated driverless vehicle (2011). (NV SB 313) Requires an autonomous vehicle to have insurance (2013).

Nevada regulations currently require two people in a driverless car that is being tested, which can only occur in approved areas. However, regulators have begun revamping policy for autonomous vehicles in non-testing environments.

North Dakota (ND HB 1065) Commissioned a study to research the implications of autonomous driving in relation to reducing crashes, fatalities and traffic congestion (2015).

Tennessee (TN SB 598) Prohibits local governments from banning vehicles equipped with autonomous driving technology (2015). (TN SB 1561) Establishes a program through the Department of the Safety that would certify autonomous vehicle manufactures before, they could be tested, sold or operated in the State. It also creates a per mile tax structure for driverless vehicles (2016).

Utah (HB 280) Requires certain state agencies to study autonomous vehicle technologies and best practices and report the findings. It also permits agencies to partner with driverless companies and entities (2016).

Washington, D.C. (DC B 19-0931) Defines autonomous driving and requires a prepared human driver to take control of the vehicle in an emergency. It also addresses the liability of the original manufacturer of a converted vehicle (2013)

Introduced Autonomous Vehicle Legislation in 2016

Alabama (S 178) Requires testing of autonomous technology with approval by the Alabama State Law Enforcement Agency. Also requires each driverless vehicle to carry insurance and “authorizes the agency to create a driver’s license endorsement and require testing.” Status: Failed

California (A 1592) Authorizes the Contra Costa Transportation Authority to conduct a pilot project for to test autonomous vehicles that are not equipped with a steering wheel, a brake pedal, an accelerator, or an operator inside the vehicle Status: Sent to the Governor.  

Georgia (S 113) Classified autonomous vehicles and technology with specific provisions. Would allow the operation of autonomous vehicles for testing Status: Failed.

Hawaii (H 2687) Authorizes autonomous vehicles for research and testing purposes. Requires the Department of Transportation to establish an application process to report to the legislature annually. Status: Failed.

(S 630) Requires certain safety features and testing requirements for autonomous vehicles. Also requires an autonomous vehicle operator to hold a driver’s license. Status: Failed.

Illinois: (H 3136) Creates the Automated Motor Vehicle Study and Report Act to be done by the Secretary of State. The feasibility study will cover and record automated vehicle operations. Status: Passed House. In Senate. Placed on Calendar Order Third Reading. Pending Carryover.

Massachusetts (H 4321) Authorizes autonomous vehicles without human operators. Status: In House Committee on Ways and Means.

(S 1841) Defines autonomous vehicles and permits autonomous vehicles to operate on public roads if the vehicle manufacturer meets all safety standards. Status: Pending, Senate Study Order.

Maryland (H 8 & S 126) Establishes a task force that was used to research driverless vehicles and determine the best path for governing autonomous vehicles. Status: Failed.

Michigan (S 927 & S 928) Prohibits and provides penalties for accessing a computer system that operates a vehicle with intent of doing harm or damage. The proposed legislation also provides penalties for such action. Status: Pending in Senate Judiciary Committee.

(S 995 & S 996) Allows for driverless vehicles to operate without a person in the car. Status: Passed Senate. In House Committee on Communications and Technology.

(S 997 & 998) Defines automated driving and allows for the creation of mobility research centers where automated technology can be tested. Provides immunity for automated technology manufacturers when modifications are made without the manufacturer’s consent. Exempts mechanics and repair shops from liability on fixing automated vehicles. Status: Passed Senate. In House Committee on Communications and Technology.

Minnesota (H 3325 & S 2569) Establishes autonomous vehicles task force and demonstration project to serve mobility needs of people with disabilities; provides support for the task force; defines terms; appropriates money. Status: Failed

New Jersey (A 554) Requires self-driving vehicles to have ignition interlock device Status: In Assembly Committee on Law and Public Safety

(A 851 & S 343) Directs Motor Vehicle Commission to establish driver’s license endorsement for autonomous vehicles. Status: In Assembly Committee on Transportation and Independent Authorities/the Senate Committee on Transportation.

(A 3745) Permits testing and use of autonomous vehicles on state roadways under certain circumstances. Status: In Assembly Transportation and Independent Authorities Committee.

New York (A 31) Provides and regulates the operation and testing of vehicles with autonomous technology. Status: To Assembly Committee on Transportation.

(A 10586) Directs a study and report on autonomous vehicles on highways. Also directs the commissioner of the Department of Transportation to support such testing and operation. Status: In Assembly Committee on Transportation

(S 7879) Specifies the law requiring one hand on the steering wheel does not apply if autonomous technology is engaged to perform the steering function. Passed Senate. Pending in Assembly Committee on Transportation.

Pennsylvania (H 2203) Defines terms related to autonomous vehicles. Regulates the testing of autonomous vehicles. Allows the adoption of regulations dealing with autonomous vehicles. Status: In House Rules Committee.

(S 1268) Provides for autonomous and connected vehicles. Status: In Senate Transportation Committee.

Rhode Island (S 2514) Would permit the use of vehicles equipped with autonomous technology on Rhode Island roads. Status: In Senate Judiciary Committee

Endnotes

  1. Obama, Barack. “Barack Obama: Self-Driving, Yes, But Also Safe.” Pittsburgh Post-Gazette. (Pittsburgh) September 19, 2016.  http://www.post-gazette.com/opinion/Op-Ed/2016/09/19/Barack-Obama-Self-driving-yes-but-also-safe/stories/201609200027
  2. Secretary Foxx unveils President Obama’s FY17 budget proposal of nearly $4 billion for automated vehicles and announces DOT initiatives to accelerate vehicle safety innovations.” Nhtsa.gov. January 14. 2016.  http://www.nhtsa.gov/About+NHTSA/Press+Releases/dot-initiatives-accelerating-vehicle-safety-innovations-01142016

  3. Kang, Cecilia. “Self-Driving Cars Gain Powerful Ally: The Government.” The New York Times. (New York) September 19, 2016.  http://www.nytimes.com/2016/09/20/technology/self-driving-cars-guidelines.html?_r=1

  4. Plungis, Jeff. “Self-Driving Cars Must Meet 15 Benchmarks in U.S. Guidance.” Bloomberg Government. September 20, 2016. https://www.bgov.com/core/news/#!/articles/ODT8KW6JIJVF?niReferrerLink=homepageFeed

  5. Self-Driving Coalition for Safer Streets. “Self-Driving Coalition Reacts to NHTSA Autonomous Vehicles Guidance.” September 19, 2016. http://www.prnewswire.com/news-releases/self-driving-coalition-reacts-to-nhtsa-autonomous-vehicles-guidance-300330616.html

  6. Plungis

  7. National Conference of State Legislatures. “Autonomous Self-Driving Vehicles Legislation.”  September 13, 2016. http://www.ncsl.org/research/transportation/autonomous-vehicles-legislation.aspx

  8. National Conference of State Legislatures.

  9. Coy, Brian. “Governor McAuliffe Announces New Partnership to Make Virginia a Leader in Automated-Vehicle Industry.”  Office of the Governor. June 2, 2015. https://governor.virginia.gov/newsroom/newsarticle?articleId=8526

  10. LaFrance, Adrienne. “Anybody Can Test a Driverless Car in Pennsylvania.” The Atlantic. (Washington, D.C.) September 14, 2016. http://www.theatlantic.com/technology/archive/2016/09/anybody-can-test-a-self-driving-car-in-pennsylvania/499667/

  11. National Conference of State Legislatures